Under SB 337 sec. 2953.32(a)(1) an eligible person may apply for the sealing of a felony after 3 years OR after 1 year after a misdemeanor. Can an eligible person who has satisfied the 3 year requirement for a felony apply for expungement OF ONLY THAT FELONY if they also have a misdemeanor that hasn't satisfied the 1 year requirement? Thank You.
1 Answer from Attorneys
This is a question that the courts will ultimately decide into the future, since this is a brand new law. I would expect that you will be made to wait that full year after your misdemeanor... Whether or not the judge HAS to wait, is for now, up to the judge. The court will want to see defendants stay out of trouble ... And know this also, whether or not a judge grants an expungement is still within the judge's full discretion.
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